This page is dedicated to helping you know the rights of you and your child when dealing with ADHD. It is important to know that things like NCLB (No Child Left Behind) are mandatory laws that affect all children, while laws like IDEA (Individuals with Disabilites Education Act) do not apply to your child unless he or she has been medically diagnosed by a medical doctor. See the Diagnosis and Medication page for more informtion.
IDEA (The Individual with Disabilities Education Act) In 1975, the IDEA act was passed to ensure that every student has a right to a free and appropriate public education (FAPE), regardless of ability. http://www.help4adhd.org/education/rights/idea
Section 504 of the Rehabilitation Act of 1973:
Prohibits discrimination on the basis of disability by recipients of federal funds.
Provides appropriate education for children who do not fall within the disability categories specified in Part B (IDEA). Examples of potential conditions not typically covered under Part B (IDEA) are:
- communicable diseases (HIV, tuberculosis)
- medical conditions (asthma, allergies, diabetes, heart disease)
- temporary medical conditions due to illness or accident, drug/alcohol addiction
Requires that a free appropriate public education be provided to each qualified child who is disabled but does not require special education and related services under Part B (IDEA). A free appropriate education (FAPE) under Section 504 includes:
- Regular or special education and related aids and services that are designed to meet the individual student's needs and are based on adherence to the regulatory requirements on education setting, evaluation, placement, and procedural safeguards.
Guarantees parents the right to contest the outcome of an evaluation if a local district determines that a child is not disabled under Section 504.
Requires the local district to make an individualized determination of the child's educational needs for regular or special education or related aids and services if the child is found eligible under Section 504.
Requires the implementation of an individualized education program (IEP). One means of meeting the free appropriate public education requirements of Section 504 is to follow the IEP guidelines as set forth in the regulations for Part B (IDEA).
Requires that the child's education must be provided in the regular education classroom unless it is demonstrated that education in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily.
Requires that necessary adjustments be made in the regular classroom for children who qualify under Section 504.
IDEA (The Individual with Disabilities Education Act)
In 1975, the IDEA act was passed to ensure that every student has a right to a free and appropriate public education (FAPE), regardless of ability.
http://www.help4adhd.org/education/rights/idea
Section 504 of the Rehabilitation Act of 1973:
- communicable diseases (HIV, tuberculosis)
- medical conditions (asthma, allergies, diabetes, heart disease)
- temporary medical conditions due to illness or accident, drug/alcohol addiction
- Regular or special education and related aids and services that are designed to meet the individual student's needs and are based on adherence to the regulatory requirements on education setting, evaluation, placement, and procedural safeguards.
- Guarantees parents the right to contest the outcome of an evaluation if a local district determines that a child is not disabled under Section 504.
- Requires the local district to make an individualized determination of the child's educational needs for regular or special education or related aids and services if the child is found eligible under Section 504.
- Requires the implementation of an individualized education program (IEP). One means of meeting the free appropriate public education requirements of Section 504 is to follow the IEP guidelines as set forth in the regulations for Part B (IDEA).
- Requires that the child's education must be provided in the regular education classroom unless it is demonstrated that education in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily.
- Requires that necessary adjustments be made in the regular classroom for children who qualify under Section 504.
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